Legal Insights

Trademark Protection for Plant Varieties
Josh Zetlin

Trademark Protection for Plant Varieties: What Cultivators and Nurseries Need to Know

Trademarks are among the most valuable assets of any business, including those in the plant cultivation industry. For nurseries, farms, and other plant-growing businesses, a trademark can offer significant legal and commercial advantages by distinguishing their offerings in a competitive marketplace. What Is a Trademark? A trademark can be any word, phrase, symbol, design, or combination thereof that identifies the

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Plant Variety Protection: Securing Intellectual Property Rights for New Plant Varieties
Josh Zetlin

Plant Variety Protection: Securing Intellectual Property Rights for New Plant Varieties

Plant breeders, including nurseries, cultivators, and agricultural developers, regularly create new plant varieties that can carry substantial commercial value. Protecting these innovations as intellectual property is essential for maximizing their potential. The Plant Variety Protection Act (PVPA) (7 U.S.C. §§ 2321 et seq.) provides legal rights to breeders of new plant varieties. Administered by the Plant Variety Protection Office (PVPO),

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The FDA has NOT adopted any regulations for industrial hemp or industrial hemp derivatives like CBD in food products, drugs, cosmetics, or dietary supplements.
Rogoway Law Group

Hello, FDA? The Industrial Hemp Industry Would Like to have a Word with You!

Background: 2018 Farm Bill Legalizes Industrial Hemp Cultivation In December of 2018, the 2018 Farm Bill (the “Farm Bill”) was signed into law by the Federal government. Among other things, the Farm Bill legalized the production of industrial hemp as an agricultural commodity and removed hemp and derivatives of cannabis with extremely low concentrations of the psychoactive compound delta-9-tetrahydrocannabinol (“THC”),

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SB-153, A Bill Regulating Hemp Cultivation in California, Heads To The Governor's Desk for Signature
Rogoway Law Group

SB-153, A Bill Regulating Hemp Cultivation in California, Heads To The Governor’s Desk for Signature

SB-153, a bill regulating production of industrial hemp, is officially engrossed and enrolled, which means it is headed for Governor Gavin Newsom’s desk for signature.   After being signed into law, SB-153 will govern hemp cultivation and testing in California. Key Provisions of SB-153 Include: Set registration requirements for hemp production. Revise the provisions regulating the cultivation and testing of hemp

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